A devisee who does not survive the testator by one hundred twenty (120) hours is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will.
Idaho Code § 15-2-601
Requirement that devisee survive testator by 120 hours
Applied in 1 court decision — leading case Eimers v. North Idaho Children's Home (1976)
Most recently applied in Eimers v. North Idaho Children's Home (December 1976)
I.C., § 15-2 -601, as added by 1971, ch. 111, § 1, p. 233.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.